Friday, March 17, 2023

The Purpose and Powers of the Senate, Part LXXII: “I Know What the President Wants”

    The strange line of argument Mississippi Senator James Eastland had begun on March 15th, 1962 in an attempt to dismiss the anti-poll-tax proposal of his fellow Southerner, Spessard Holland – specifically by acclaiming the judgement of the Kennedy Administration on the subject of UN voting rights – only got stranger as the man invoked yet another international body that had little all to do with the subject at hand. “While I am one of those who do not feel that either the United States or any State thereof is bound legally by any decision that might be rendered by the International Court of Justice,” the Mississippian declared,

It would not be inappropriate to ask that the decision be deferred until such time as we might have the benefit of the decision of the International Court of Justice on the principle involved. At least, whatever the decision is, there is a possibility that the inconsistency inherent in the position taken by the United States in international affairs and the urgency for this proposed constitutional amendment in domestic affairs might be resolved if the Court held that payment of assessments could not be required as a prerequisite for a nation voting in the General Assembly of the United Nations. Personally, I think it would be very appropriate for the Court to hold that a nation should be required to pay its assessments as a prerequisite to voting, and, by the same token, I hold that my State should have the fundamental right to continue to make such a requirement.

The contradictions inherent to this declaration on the part of Eastland would seem to be abundantly clear even based on little more than a cursory assessment of the same.

    Not only was the “the inconsistency inherent in the position taken by the United States in international affairs and the urgency for this proposed constitutional amendment in domestic affairs” not at all in need of resolution– if, indeed, such an inconsistency existed – but it was truly the height of absurdity for the Mississippian to assert that such an outcome might come at the behest of an organization which he himself avowed had no claim of authority over “either the United States or any State thereof [.]” What did it matter if the Kennedy Administration held that nonpayment of annual dues should result in a loss of voting privileges at the UN and that the poll tax was unsupportable and should be entirely done away with? In what way was this a problem in need of solving? And for that matter, what kind of solution was appealing to the ICJ? In Eastland’s own words, he did not feel that “either the United States or any State thereof is bound legally by any decision that might be rendered by the International Court of Justice [.]” So what, then, did it matter what the ICJ concluded? What sense was there in dismissing them and then invoking them in the same breath? Truly, as a piece of rhetoric, Eastland’s argument made no sense. Which is why it’s overwhelmingly likely that it was never intended to convince or to persuade anybody of anything. Eastland was not trying to make a sound rhetorical point. Rather, he was simply trying to keep people talking. And at this – if in no other sense – the Mississippian succeeded quite capably.

    Being something of a stickler for detail, the otherwise canny Senator Holland in this instance opted to take Eastland’s bait and proceeded to spend a distressingly large portion of what was supposed to be a debate on his proposed poll tax amendment instead attempting to correct his fellow Southerner. “I point out to him [,]” he said of Eastland, “that I see no similarity between the situation in the United Nations to which he has referred and the situation relative to the poll tax.” In response to this, the senator from Mississippi was only too happy to dig in his heels. “I am certainly sorry the distinguished Senator from Florida does not see this [,]” he responded.

It is very similar. It is very plain. Yes, the Charter of the United Nations provides that a nation has to keep up its assessments in order to vote. That assessment can be onerous to a country. It is identically the same principle contained in the State Constitution, that one has to pay a poll tax in order to vote; but that poll tax is not onerous. It is exactly the same principle.

By thus refusing to budge, Eastland was not attempting to conclusively prove the validity of a particular assertion. Rather, he was simply trying to waste the Senate’s time in general and Senator Holland’s time in particular. Doubtless, his hope was that, given a sufficient interval, he and his allies – Hill, Russell, and the like – might succeed in peeling away the support that the Floridian had so far managed to amass. So long as Holland kept responding – kept trying to show his fellow senator that Eastland was wrong – the Mississippian accordingly had every reason to keep insisting that he was right.

    Holland thereafter continued to play directly into Eastland’s hands. “I am afraid that my distinguished friend has not studied the question very carefully,” he said, “because if he had I think he would find the situation there is not similar to this.” The Floridian spoke of the Soviets, and special assessments, and bond issues, and the Congo, none of which had anything to do with the poll tax or its elimination. But he kept talking all the same, kept trying to prove Senator Eastland wrong. Indeed, he might have gone on doing so indefinitely – in the midst of Eastland’s periodic but steadfast denials – had a previously uninvolved senator not unexpectedly taken the floor. Thruston Ballard Morton (1907-1982), a moderate Republican from Kentucky, asked if his fellow Southerner would yield for a brief comment and had the following to say. “I think the Senator from Mississippi [,]” he said, “has made an interesting point. I trust that someone speaking for the administration, if not this evening, at least tomorrow, will answer as to whether or not the President of the United States is against the poll tax.” So it was that Senator Morton did what Senator Holland should have done himself. The debate then under way was supposed to be about an amendment to eliminate the poll tax at the federal level. Eastland had tried – and for the moment, at least, succeeded – in making it about voting privileges in the United Nations. And Holland had followed suit, losing sight of his stated objective almost entirely. So Morton, for whatever reason, felt compelled to intervene. Eastland’s point, he observed, was an interesting one, if the senator was indeed correct. But it naturally fell to the Executive Branch to speak for itself on such matters. The Mississippian, as noted previously, thought that the Kennedy Administration more or less supported the poll tax by default. But what would President Kennedy himself say on the matter if prompted?    

    Doubtless sensing that he was about to lose his opponent’s attention, Eastland attempted – somewhat clumsily – to cut off this avenue of escape. “There is no answer to it [,]” he flatly replied.

That is the proposal. We have the testimony of the Secretary of State. We have the testimony of the Ambassador to the United Nations. They say, “You cannot vote unless you pay your assessment”; and it can be an onerous assessment.

What this more or less amounted to, on Eastland’s part, was an assertion that actually asking the Kennedy Administration about the poll tax was pointless. By their recent statements about the UN, they’d made their feelings quite clear. Interestingly enough, this was Holland’s response as well. “Replying to the suggestion made by my distinguished friend from Kentucky,” he said, paying due compliment to Morton for his well-timed attempt at rescue,

I invite his attention to the fact that the record of the hearings in this particular matter shows that the Assistant Attorney General, Mr. Katzenbach, who appeared to testify on various pending constitutional amendments, made it very clear that on this particular amendment he was authorized to speak for the President in these words, as shown on page 388:

I am authorized on this to speak for the administration and for the President.

That comes after the time he said:

The Justice Department supports the proposed amendment as a realistic technique which seeks the early demise of the poll tax.

Those statements appear in several other forms during the course of the statement, that the President had given specific support to this and to this alone, of the various proceedings.

Again, the intended meaning was clear: “Don’t bother asking, we already know what’s going to be said.”

    On the cusp of losing his grip on the situation – Holland was now turning one of his own tactics against him – Eastland defaulted to a tried-and-true strategy. “Will the Senator tell us from what he is quoting?” he asked. And as he had done previously, Holland parried this attack with ease. “From the printed record of hearings before the Subcommittee on Constitutional Amendments of the Committee on the Judiciary of the U.S. Senate [,]” he replied plainly. “The Senator from Mississippi is, of course, the chairman of the full Committee on the Judiciary.” As had been the case previously, Eastland had no choice but to respond in the affirmative. “This is a print from one of the subcommittees of his committee [,] the Floridian continued. “There is no question about it.” Having now found himself dancing to Senator Holland’s tune rather than his own, Eastland accordingly grasped for a different angle of attack. “Does the Senator not know that the Attorney General testified today in favor of abolishing the poll tax by legislation?” he said. Evidently, the Mississippian was eager to turn the committee assignment Holland had just invoked back to his own advantage. But it was too late. Holland – with the aid of Senator Morton – had successfully regained the initiative. “I had not heard that,” he freely admitted, “but I know what the President wants; and that is not in accord with his wishes [.]”

    Again, Senator Eastland tried to make best use of his available resources. As Chairman of the Judiciary Committee, who could speak to its proceedings better than he? “I believe the testimony today was on the literacy test, by legislation, but of course that involves the same principle [,]” he said accordingly. But while this comment did finally give Holland some pause, it simply wasn’t enough to arrest his accumulated momentum. “For some reason unknown to me [,]” he granted,

The Justice Department has taken the position that the literacy test is in a different category from the poll tax question. I do not know why. I certainly do not give the rubber stamp of complete approval to everything coming from the Justice Department, but I say that the Justice Department and the President are both clearly on record before the subcommittee on Constitutional Amendments of the Senator's own committee as supporting the amendment which is proposed, and the feeling that that is the practical and constitutional way to go after the poll tax.

This was – or should have been – something of a knockout blow. Not only had it been made exceptionally clear that both the President of the United States and the United States Department of Justice were in favor of abolishing the poll tax by way of an amendment to the Constitution, but explicit proof of this exact sentiment was to be found in the records of the proceedings of the Senate Judiciary Committee. As the long-serving Chairman of that same august body, Eastland could not deny this simple fact without either flatly lying to his fellow senator – something which even he was loathe to do – or appearing to be dangerously out of touch. Rather than admit defeat, however – and surely, his primary aim had been defeated – the Mississippian began rather embarrassingly to flounder.

    “There is no question that they so testified,” Eastland thereafter admitted of the aforementioned Deputy Attorney General,

But what does that have to do with what I said? Of course they testified to that, but what I said is that the policy of the U.S. Government has endorsed the principle of the poll tax in international affairs, because we say that no nation shall vote in the United Nations unless it pays its assessments, even though they be onerous.

So it was – at his own hands, no less – that the motives of the Senator from Mississippi were made completely transparent. Since he could no longer even subtly imply that the Kennedy Administration was actually in favor of the poll tax – for the very simple reason that it had been conclusively shown not to be true – Eastland instead opted to declare that this had never been his objective to begin with. All that he was arguing – all that he had ­ever been arguing, he claimed – was that “the policy of the U.S. Government has endorsed the principle of the poll tax in international affairs [.]” Was this a particularly relevant assertion to the discussion at hand? Decidedly not. But it was one that Eastland would stand by regardless any attempt by his colleagues to convince him otherwise. Would they make the attempt? He seemed to hope so. Why else was he being so obstinate about something that was so fundamentally unimportant? Why else, but to provoke a response? Why else, but to drag things out further?

    For his part, Senator Holland seemed to sense that his opponent was nearly spent. And while his response to Eastland’s strategic collapse was not as cruelly dismissive as it might have been, his comments, moving forward, were appropriately matter of fact. “The reason for that statement [,]” he said, referring to the original declaration of the Kennedy Administration on the subject of UN voting rights, “is that the charter, to which we are bound by treaty, so provides.” Eastland’s half-hearted, if characteristic reply, was that, “The State constitutions so provide.” Holland then answered with what might as well have been the thesis statement of his whole anti-poll-tax initiative. “The Federal Constitution does not so provide,” he noted,

And the Federal Constitution is changeable, and changeable in the method we are seeking to follow. The submission to the jury of the States is a method which existed before the Senator's State and mine came into the Union.

By adhering to such plain logic all along, Senator Holland might surely have saved himself a great deal of trouble. Because there was nothing that Senator Russell had said, that Senator Hill had said, or that Senator Eastland had said that in any way refuted the simple fact that Holland could do exactly what he intended to do without in any way violating any standing statutes or constitutional provisions. Perhaps out of sympathy, perhaps out of a sense of collegiality, he chose to indulge his fellow Southerners, let them talk, engaged with their arguments. But this basic truth – that Holland not only had the right to propose an anti-poll-tax amendment but also the necessary support among his colleagues to see it off – had always been the only thing that really mattered. It could not be argued away, it could not be refuted: the poll tax could be banned by way of constitutional amendment. And so, as the debate of March 15th finally wound down to its inevitable conclusion, this is where Holland naturally chose to leave off.

    Senator Eastland, for whatever reason, chose to flail for a little longer. He asserted, one last time, “that the U.S. Government in international affairs has adopted the principle of the poll tax. The Senator cannot explain it away. The Senator cannot laugh it away. The Senator cannot brush it away. It is there.” But if Holland had been willing to indulge his Southern colleague earlier in the day, now he seemed far more inclined to be dismissive. “I am laughing it away,” he said,

Because I see no possible comparison between the two. The United States and the other governments are able to pay their assessments. The thing we protest against is the fact that people oppressed by penury and poverty are not always able to pay them, and have not paid them.

Eastland did not seem to take this very well. His immediate response was reflexive, confrontational. “I defy the Senator to name one individual in my State or in the State of Alabama whom the poll tax has disqualified [,]” he demanded. Again, Holland was dismissive.  “I do not care to go into that subject [,]” he stated simply. The Mississippian then goaded him again, daring him to name even one person so affected. But Holland wouldn’t budge. So it was that after a final parting exchange – which saw Holland lament the poor rate of voter participation in Alabama and Mississippi, Eastland accuse him again of working with the Civil Rights Commission, and Holland patiently explain that this was patently untrue – Senator Eastland finally gave notice that he had run out of things to say. “I move,” he said, “pursuant to the order previously entered, that the Senate take a recess until 12 o'clock noon tomorrow.” At long, long last, the Senate debate of March 15th, 1962 on the subject of Senator Holland’s proposed anti-poll-tax amendment had come to an end. Would that the senators present had known what March 16th would bring.

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